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REFERENCE TITLE: material witnesses; contempt; detention; bond |
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State of Arizona Senate Fifty-fourth Legislature First Regular Session 2019
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SB 1311 |
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Introduced by Senator Farnsworth E
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AN ACT
amending sections 13‑4073 and 13‑4074, Arizona Revised Statutes; repealing sections 13‑4081, 13‑4082, 13‑4083, 13‑4084 and 13‑4085, Arizona Revised Statutes; amending title 13, chapter 38, article 22, Arizona Revised Statutes, by adding new sections 13‑4081, 13‑4082, 13‑4083 and 13‑4084; relating to material witnesses.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 13-4073, Arizona Revised Statutes, is amended to read:
13-4073. Refusal to attend, be sworn or testify as contempt; arrest warrant
A. Disobedience to Failure to comply with a subpoena or refusal to be sworn or to testify as a witness may be punished by the court or magistrate as a contempt.
B. A witness disobeying a subpoena issued on behalf of defendant, unless he shows good cause for his non‑attendance, is liable to defendant in the sum of one hundred dollars, which may be recovered in a civil action, if defendant is damaged by the non‑attendance of such witness.
B. A court may issue a warrant for the arrest of any witness who was properly served with a subpoena and who fails to appear as directed. On arrest, the witness shall be brought before the court as soon as practicable.
Sec. 2. Section 13-4074, Arizona Revised Statutes, is amended to read:
13-4074. Attendance of witness; liability for nonattendance; appearance bond forfeiture
A. When A witness who has been subpoenaed to appear in a criminal action, the witness shall attend and be present in the court before which he has been summoned at the time named in the subpoena and from time to time appear as directed and at any additional times as the court directs without further subpoena, until finally discharged by the court.
B. Should If the witness who is subpoenaed neglect fails to attend and be present in court as directed, the cost of procuring securing the attendance of such the witness when required by the court, shall be taxed assessed against the witness unless excused by the court for good cause shown, and if the witness has entered into an undertaking to appear, the undertaking is forfeited in the same manner as undertakings of bail.
C. If the witness deposits an appearance bond and subsequently fails to appear, the bond may be forfeited pursuant to the Arizona rules of criminal procedure.
Sec. 3. Repeal
Sections 13‑4081, 13‑4082, 13‑4083, 13‑4084 and 13-4085, Arizona Revised Statutes, are repealed.
Sec. 4. Title 13, chapter 38, article 22, Arizona Revised Statutes, is amended by adding new sections 13-4081, 13‑4082, 13‑4083 and 13‑4084, to read:
13-4081. Definition of "material witness"
In this article, unless the context otherwise requires, "material witness" means a witness in a criminal matter who is called by either the state or the defendant and whose testimony is necessary for a fair determination of an issue in the case.
13-4082. Material witness bond
In a grand jury proceeding or pending criminal action, the state or the defendant may certify by motion that the presence of a material witness is required. If the court finds that a material witness is unlikely to appear or testify, the court may require the material witness to appear and post a secured or unsecured appearance bond. On proper notice to the material witness, the court may modify the requirements of the appearance bond when necessary to ensure the material witness will appear and testify as directed.
13-4083. Material witness warrant; detention; release
A. If the court finds that a material witness wilfully failed to comply with a properly served subpoena or order to appear, the court may issue a material witness warrant. The warrant authorizes a law enforcement agency to detain the material witness until the witness can be brought before the court. A detained material witness must be brought before the court as soon as practicable.
B. A material witness who is detained may be kept in a physically separate section or be administratively segregated from any person who is charged with, adjudicated delinquent for or convicted of a criminal offense. If the material witness is a juvenile, the witness may be detained in a juvenile detention center or a jail pursuant to section 8‑305.
C. If, after the material witness is given an opportunity to be heard, the court finds that a detained material witness is unlikely to comply with a future subpoena or order to appear, the court may order a secured appearance bond or an unsecured appearance bond or may impose electronic monitoring until the material witness testifies. The court may also order the continued detention of the material witness and proceed pursuant to section 13‑4084.
D. Following the completion of testimony or a deposition, the court shall release the material witness from detention and from all obligations imposed by the court. The court may hold the release of any bond until the final disposition of any contempt proceedings.
13-4084. Material witness deposition; time limits
A. A detained material witness must either testify or be deposed within seven business days after the court's detention order pursuant to section 13‑4083, subsection C. Any deposition shall be taken pursuant to the Arizona rules for criminal procedure. A deposition taken pursuant to this section may be used in a trial or in any pretrial proceeding.
B. If a material witness is not deposed within seven business days after a court's order pursuant to section 13‑4083, subsection C, the material witness shall be released from detention.